A child who sued after her hand caught in a door in a Dublin school has lost her High Court action for damages.
The President of the High Court, Mr Justice Nicholas Kearns, said it was "unfortunate" and "just sheer bad luck" that Emma Jane Murray (10) had caught a finger on her right hand in the hinge side of the door and it would be "very unfortunate" if the school were to be held negligent. To impose such standards on schools would mean children would have to be wrapped in cotton wool, he said.
The school was to be congratulated for taking additional steps to fit fingerguards in the hinge side of the self-closing doors later in 2011, he added.
Emma Jane Murray, Rory O'Connor Park, Abbey, Road, Dún Laoghaire, Co Dublin, through her mother Rachael, had sued Monkstown Educate Together National School, Kill Avenue, Dún Laoghaire, as a result of the accident where her right middle finger got caught in a closing classroom fire door on June 10th, 2011.
The court heard the child, in senior infants at the time, was second or third in the line to go out of the classroom when the incident happened. She suffered a crush injury to her finger, a nail-bed injury and a displaced fracture. She later had an operation on the finger.
She claimed there was an alleged failure to keep her at a safe distance from the fire door until it had been properly and safely secured in the open position.
The claims were denied.
In evidence, the child said she was talking to her friends when her finger got trapped in the hinge side of the door.
Claire Cantwell, the child’s teacher, said the class were lining up to go out to the field to practise for sports day when she heard a scream. The teacher said she was reaching for her whistle and did not see the accident.
She said she released the door but had no idea how the accident happened.
Mr Justice Kearns was told that engineers on both sides agreed there was a five-second time frame in which the self-closing door normally shut.
Dismissing the case, Mr Justice Kearns said he was pleased to see she the girl had recovered and could put the experience behind her. He did not believe the school could be held responsible and Emma Jane had received the best possible care from her teachers.
It was unfortunate Emma Jane’s legal proceedngs had been been started within seven days of the accident, he added.
The school did not seek its court costs against the Murrays.